Partially at Fault for Traffic Accidents

Feb 15, 2019

Legal Assistance for Anyone Who is Partially at Fault for a Traffic Accident

Traffic accidents can result from many factors, some of which are beyond the control of those involved. However, a driver may be deemed partially responsible for an accident and thus partially responsible for damages. A Brooklyn personal injury attorney can help motorists involved in accidents determine their degree of responsibility and, in the process, help them obtain the compensation that they require. This type of legal representation is available from The Levitsky Law Firm.

The Principle of No-Fault Insurance

In accordance with the no-fault system of automobile insurance in effect in New York, the insurance provider of the motorist involved in a crash is responsible for covering the damages incurred by that person, even in accidents involving more than one vehicle. However, the law does allow victims to pursue legal action in cases involving an economic loss of more than $50,000 or when the crash causes certain physical harm, including death, severe dismemberment or substantial physical disability. A Brighton Beach personal injury attorney can in such cases help the victims pursue legal action against the responsible party. Proper legal representation will also be needed when the victim is partially responsible for an accident.

Determining Partial Fault in a Traffic Accident

The state follows what is known as the “pure comparative negligence rule” in cases of partial responsibility. Accordingly, the reduction in the amount of damages awarded will equal the percentage of the motorist’s responsibility. Except in cases of total responsibility, motorists should still be able to collect some damages. However, a careful investigation of the accident will be needed in order to establish the degree of culpability. It is for this reason why those who are partially responsible for traffic crashes should seek the services of a Brighton Beach accident attorney. They should specifically turn to services available from The Levitsky Law Firm.